No. 23-1406 ___________________________

United States of America

Plaintiff - Appellee

v.

Tiano Nishan Trice, also known as Tiano Nishan Trice, Jr.

Defendant - Appellant ____________

Appeal from United States District Court for the Southern District of Iowa - Eastern ____________

Submitted: October 18, 2023 Filed: December 12, 2023 ____________ Before BENTON, SHEPHERD, and KELLY, Circuit Judges. ____________ BENTON, Circuit Judge.

While on supervised release, Tiano N. Trice was arrested. The district court 1 revoked his supervised release for domestic assault (Grade C violation) and child endangerment (Grade B violation). Considering the 21-24 month guideline range

1 The Honorable Rebecca Goodgame Ebinger, United States District Judge for the Southern District of Iowa. for child endangerment, the court imposed a 24-month sentence, followed by 12 months of supervised release. Trice does not challenge the domestic assault violation (with an 8-14 month guideline range). He appeals the district court’s child endangerment finding and its factfinding and credibility determinations. This court reviews “the revocation of supervised release for abuse of discretion, and we review any ‘subsidiary factfinding as to whether or not a violation occurred’ for clear error.” United States v. Staten, 990 F.3d 631, 635 (8th Cir. 2021), quoting United States v. Long, 843 F.3d 338, 340 (8th Cir. 2016). Having jurisdiction under 28 U.S.C. §1291, this court affirms.

Trice and Clareshanda Chamberlain have two children together—“Brother” (9 years old) and “Sister” (12 years old). Chamberlain has another child “A.H.” (6 years old). While at her apartment, with the three children present, Trice and Chamberlain got into a “heated argument.” Trice lifted her bed and dropped it to the ground while she was in it. Sister and A.H. fled the home, while Brother grabbed the family cat, ran to his room, and hid. A.H. asked a passerby to call the police, telling her that “my sister’s dad is hitting my mom.” When police questioned Chamberlain at the apartment, she had blood on her face (though she denied that Trice hit her, offering several possible reasons for the nosebleed). Trice, who left before police arrived, was arrested.

Under Iowa Code § 726.6(1)(a), a parent, or person with custody or control of a child, commits child endangerment when he “[k]nowingly acts in a manner that creates a substantial risk to a child or minor's physical, mental or emotional health or safety.” Child endangerment is a general intent crime in Iowa. State v. Benson, 919 N.W.2d 237, 245 (Iowa 2018). “[G]eneral intent is present ‘when from the circumstances the prohibited result may reasonably be expected to follow from the offender’s voluntary act, irrespective of any subjective desire to have accomplished such result.’” Id. at 244, quoting State v. Fountain, 786 N.W.2d 260, 264 (Iowa 2010). See generally State v. Leckington, 713 N.W.2d 208, 214 (Iowa 2006) (“We interpret the word ‘knowingly’ in this statute to mean ‘the defendant acted with

-2- knowledge that [he or] she was creating substantial risk to the child's safety.’”), quoting State v. James, 693 N.W.2d 353, 357 (Iowa 2005).

According to Iowa courts, “it is ... reasonable ... to conclude there is a real or articulable risk or a very real possibility of danger to a child's mental, physical or emotional health or safety from witnessing the child's mother assaulted.” State v. Tewes, 967 N.W.2d 219, 2021 WL 4304240, a